What is the process for obtaining a stay of execution pending an appeal?

When a person is convicted of a crime, they may appeal the decision in order to have it reversed or reduced. In some cases, the person may apply for a stay of execution, which is a delay in the execution of the sentence until the appeal is decided. In Delaware, a person must make a request for a stay of execution when they file the notice of appeal. The person must then provide evidence that the delay is required for a fair hearing. This could include the need to gather evidence or to have more time to prepare a legal argument. The Delaware Supreme Court will review the request and rule as to whether it should be granted or denied. The court may also set conditions for the stay to be in effect. These may include providing a copy of the notice of appeal to the other parties involved, or filing a bond with the court to cover any potential damages that may result from the delay. If the request is granted, the appellate court will then stay the execution of the sentence pending the appeal. The court may also modify or lift the stay at any time during the appeals process if it feels that the circumstances have changed. Overall, obtaining a stay of execution pending an appeal in Delaware requires filing a request with the Supreme Court and providing evidence that a fair hearing is needed. The court will then decide whether to grant the stay and, if so, may set conditions that must be met.

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What is the process for obtaining a stay of execution pending an appeal?

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